Articles Tagged with divorce proceeding

Board Certified Family Law Specialist Matt Arnold answers the question: ” I’m not getting along with my husband. We’ve been married two weeks and it was a mistake. Can’t I just get an annulment?”

The process of getting a divorce in North Carolina can be confusing. Not only are the rules complicated, but you are also likely wrestling internally with some heavy emotions and transitioning to a new chapter of your life. No two divorces are identical, but if you are considering separating from you spouse, there are some important things you must consider first.

Board Certified Family Law Specialist Matt Arnold answers the question: “How will the judge divide our property?”

Imagine this situation: You are separating from your spouse. For the duration of your marriage, you have shared the same marital home. Both of you want to stay in the home; neither of you are willing to move out, even though you have separated and initiated a divorce proceeding. What do you do in this situation? Can one spouse be forced from the marital home and leave the other with the sole possession of the home? In North Carolina, the answer to those questions are “it depends.” There are certain circumstances and situations in which a spouse can be forced out of the marital home. However, there are requirements that must be met in order to succeed.

Board Certified Family Law Specialist Matt Arnold answers the question: “What does uncontested divorce mean?”

Going through a divorce can be tough. You are ending a relationship and declaring that you wish your legal marriage be terminated. The very nature of a relationship ending can lead to heightened emotions and turmoil during the divorce process. In an effort to avoid contentious divorces, be mindful of your options; there is an alternative to the traditional contentious divorce proceeding. Couples can decide to engage in a collaborative divorce proceeding.

Board Certified Family Law Specialist Matt Arnold answers the question: “What rules are there for Father’s Right in NC?”

Divorce can be confusing and difficult for all parties – the spouses, children, family, friends, etc. However, one of the biggest concerns spouses have when facing a divorce is the impact it will have on their children. In addition to impacting a child’s overall well-being, child custody arrangements must also be decided during divorce proceedings.

Board Certified Family Law Specialist Matt Arnold answers the question: “What does a “No-Fault’ divorce mean in NC?”

The attorney-client privilege can be an almost sacred right for either party in a divorce proceeding. Knowing that the private communications you have with your attorney about your case stay sacrosanct fosters candor and peace of mind in the relationship you have with the person representing you on such a personal case.  This in turn allows your attorney to better prepare for your case. Similarly, the work product privilege protects materials prepared in preparation for litigation. These two immunities protect information from being produced (through documentation or testimony) via discovery from the opposing side. In any given divorce or family law case there can be facts, confidences and strategies that you do not want shared with your (soon-to-be former) spouse’s side and argued against you in court.

Matthew R. Arnold of Arnold & Smith, PLLC answers the question “What can I do to gain custody of my child in North Carolina?”

Custody is often among the most contentious aspects of a divorce proceeding and understandably so. Though property division can be acrimonious, nothing is as emotionally draining as the thought of dividing up time with your children. Typically, both parties are eager to spend as much time as possible with the kids, something that invariably leads to conflict.